Ina v. George Fraam & Sons, Inc.

Cacioppo, Judge.

Intervening defendants-appellants, Robert M. Levin, Frank K. Levin, and Arnold S. Levin, appeal the trial court’s dismissal of their counterclaim for failure to prosecute. We reverse.

On March 14, 1989, the trial court dismissed this lawsuit pursuant to a settlement agreement entered into by parties other than appellants. We reversed that dismissal as to appellants’ counterclaim because the trial court had not afforded appellants proper notice. Ina v. George Fraam & Sons, Inc. (Aug. 1, 1990), Lorain App. No. 90CA004765, unreported, at 2, 1990 WL 108760. Further, we found that…